Appellate Division: Second Judicial Department

M263076

J/mm

REINALDO E. RIVERA, J.

2017-07284 The People, etc., respondent, v Mark Baugh, appellant. (Ind. No. 3295/06)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on application dated February 7, 2018, in the above-entitled case is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by Mark Baugh for leave to reargue his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Queens County, dated June 5, 2017, which was denied in a decision and order on application dated September 20, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to reargue that branch of the prior application which was for leave to appeal from so much of the order as denied that branch of the defendant's motion which was pursuant to CPL 440.30(1-a) is denied as unnecessary as that portion of the order is appealable as of right (see CPL 450.10[5]), without prejudice to Mark Baugh resubmitting any motion seeking poor person relief and the assignment of counsel; and it is further,

ORDERED that the motion is otherwise denied.

REINALDO E. RIVERA

Associate Justice